Civil Procedure

Daily Business Review |Commentary

Personal Engagement Takes Essure Case Beyond Courtroom

Justin Parafinczuk and Marcus Susen | August 15, 2018

The Essure contraceptive was marketed as a way to give women highly reliable birth control and millions of women trusted the product to give them peace of mind. When the product failed, leading to pain, suffering, surgeries, even reports of deaths, addressing its failure and delivering resolution to those affected would require more than mass tort litigation.

National Law Journal |News

Special Counsel, in Closing: Evidence Against Manafort Is 'Overwhelming'

C. Ryan Barber | Ellis Kim | August 15, 2018

The defense is set to begin its closing argument this afternoon as the jury prepares to take over Manafort's financial fraud case.

New York Law Journal |Case Digests

Allen v. Indivior Inc.

August 15, 2018

Liability Claims Against Opioid Drug's Makers Untimely Under Connecticut Limitation Period

Delaware Law Weekly |Case Digests

St. Philip's Evangelical Lutheran Church of Wilmington, Delaware v. Delmarva Power & Light Co.

August 15, 2018

In this case involving the relocation of underground utility cables, plaintiff's negligence claim was filed within the relevant limitations period, but the court rejected the trespass and fraud claims.

Litigation Daily |News

Manafort Prosecutors Used the Few Tools Available to Confront Tough Judges

Mike Scarcella | August 14, 2018

The Manafort judge's interventionist style prompted discussions in legal circles and on cable talk shows about whether he had gone too far, with some observers arguing the judge's hands-on approach and regular rebukes against prosecutors would have been fodder for a mistrial if the defense had been on the receiving end.

New York Law Journal |News

Judge Preserves Claims Against NYC Housing Authority in Lead Paint Lawsuit

Andrew Denney | August 14, 2018

A federal judge has preserved claims in a proposed class action filed against the New York City government and the embattled New York City Housing Authority for allegedly failing to inspect for and remove lead paint from public housing and declined to let the city off the hook as a defendant in the case.

The Legal Intelligencer |News

Will the Church Sex-Abuse Grand Jury Report Lead to New Civil Suits?

Max Mitchell | August 14, 2018

While some attorneys said the report could lead to a wave of new cases, other lawyers were skeptical and said there likely won't be much effect on sex abuse litigation in Pennsylvania without changes in the law.

Delaware Business Court Insider |News

Stark Authorizes Seizure of Citgo Shares in $1.2B Venezuela Arbitration Dispute

Tom McParland | August 14, 2018

A federal judge found Citgo's owner acted as an “alter ego” of the Venezuelan government.

New York Law Journal |News

Weinstein Sex Trafficking Charges Survive Motion to Dismiss

Colby Hamilton | August 14, 2018

Acknowledging the unique arguments under federal sex trafficking statutes, Judge Robert Sweet found the allegations plausible that Weinstein enticed an aspiring female actor to perform a commercial sex act at the 2014 Cannes film festival.

New York Law Journal |Case Digests

TD Auto Fin. LLC v. Fenner

August 14, 2018

Reasonable Excuse, Meritorious Defense Found, Granting Vacatur of Default Judgment

Daily Report Online |Case Digests

Tenet Healthsystem GB, Inc. v. Thomas

August 14, 2018

Claim In Second Amended Complaint Imputing Simple Negligence Against Hospital Related Back to Original Malpractice Complaint

New York Law Journal |Case Digests

LMKW Wa. Assocs. v. Reynolds

August 14, 2018

Traverse Hearing Ordered to Determine if Court Obtained Jurisdiction Over Defendant

The Legal Intelligencer |Case Digests

Ranck v. Coatesville Little League, Inc.

August 14, 2018

Defendant's petition to transfer venue based on forum non conveniens was timely and proper. The court did not abuse its discretion in transferring venue to another county where the accident occurred elsewhere and none of the parties resided or did business in the county where the action had been filed.

The Legal Intelligencer |Case Digests

U.S. Bank, N.A. v. Hua

August 14, 2018

All of appellants' issues in their challenge to a mortgage foreclosure were waived because of their untimely filing of the court-ordered Pa.R.A.P. 1925(b) statement and the perfection of appellate jurisdiction was not intended to modify filing deadlines established prior to the court's awareness of the lack of entry of judgment or to ameliorate the failure to preserve issues. Affirmed.

The Legal Intelligencer |Case Digests

Kapcsos v. Benshoff

August 14, 2018

Appeal quashed where parties and trial court erroneously skipped over order directing partition of property owned by parties as joint tenants with right of survivorship and instead entered order party to covey her interest to the other party. Appeal quashed.

The Legal Intelligencer |Case Digests

Davis v. Abington Mem'l Hosp. et al

August 14, 2018

The court rejected defendants' argument that it was permanently divested of subject matter jurisdiction of plaintiffs' claims by operation of law where a district court denied plaintiffs' initial motion to remand because the district court's ruling on preemption was not substantive in nature and was ultimately rendered moot. The court recommended affirmance of its order granting plaintiffs' motion to reinstate.

The Legal Intelligencer |Case Digests

In the Interest of E.O.

August 14, 2018

Where the evidence established that father's contemptuous conduct did not occur in open court, the trial court erred in classifying his conduct as direct criminal conduct and in denying him the procedural safeguards to which he was entitled. The appellate court vacated and remanded.

Delaware Business Court Insider |

Facebook Says Derivative Suit Over Privacy Breaches Belongs in Delaware

Tom McParland | August 13, 2018

Facebook's Gibson, Dunn & Crutcher attorneys said a clause in the company's charter designated the Delaware business court as the "sole and exclusive forum" for litigating derivative cases against members of the board.

The Legal Intelligencer |Commentary

9th Circ. Reconsiders the Propriety of Counting a Dead Judge's Deciding Vote

Howard J. Bashman | August 13, 2018

U.S. Court of Appeals for the Ninth Circuit Judge Stephen Reinhardt died suddenly and unexpectedly earlier this year on March 29. Since then, the Ninth Circuit has issued two appellate rulings in which Reinhardt provided the decisive vote in favor of the outcome of those appeals.

Texas Lawyer |Case Digests

Grant v. Pivot Technology

August 13, 2018

Appellants, GTS Technology Solutions, Inc., is a technology solutions and consulting business.

Texas Lawyer |Case Digests

Michelin North America v. Lopezde Santiago

August 13, 2018

Appellee purchased a used vehicle in Texas with tires manufactured by appellant.

Texas Lawyer |Case Digests

Farmers v. Carter

August 13, 2018

Wife, Edna Carter, and children filed a wrongful death suit against an Oregon corporation, Wilco Farm Stores, that had placed an order for cattle gates and other goods from a Texas manufacturer.

New York Law Journal |Case Digests

Roy v. Hong

August 13, 2018

Injured Passenger Entitled to Choose NJ Punitive Law, Granted Motion to Amend

New York Law Journal |Case Digests

Melia v. Jagmohan

August 13, 2018

Court Recalls Prior Decision, Grants Motion to Set Aside Verdict in Driver's Favor

New York Law Journal |Case Digests

Morabito v. State of New York

August 13, 2018

Order's Vacatur Not Warranted Under FRCP 59(e), 60(b); Standing Fairly Litigated

New York Law Journal |Case Digests

Meyers v. Hughes

August 13, 2018

Domestic Relations Exception Deprives Court of Jurisdiction in Challenge to Custody Ruling

Texas Lawyer |Case Digests

Megadrill Services v. Brighouse

August 13, 2018

Appellee, Tom Brighouse a citizen of New Zealand, was injured as he worked as a mechanic on an oil and gas rig off the coast of Nigeria.

Daily Report Online |Case Digests

In The Interest of I.L.M., et al., children.

August 13, 2018

Dependency Proceeding Had To Be Dismissed Absent Showing Of Statutory Compliance and Good Cause For Continuance

Connecticut Law Tribune |Case Digests

Richard Manufacturing Co., Inc. v. Richard

August 13, 2018

Party Failed to Show That Court Should Abstain From Case

Connecticut Law Tribune |Case Digests

Abrams v. PH Architects, LLC

August 13, 2018

Plaintiff Failed to Properly Plead Breach of Contract Claim

New Jersey Law Journal |Case Digests

James v. Global Tel*Link Corp.

August 13, 2018

The plaintiffs brought the action against defendant Global Tel*Link and its subsidiaries in connection with GTL's provision of inmate calling services to state and county correctional facilities in New Jersey.

Connecticut Law Tribune |Case Digests

Homeowners Finance Co. v. Eckert Seamans Cherin & Mellott, LLC

August 13, 2018

Allegedly Negligent Litigation Conduct Absolutely Privileged

New Jersey Law Journal |Case Digests

A-2393-16T2

August 13, 2018

Summary Action to Vacate PIP Benefits Dispute Resolution Award Timely Where Filed Within 45 Days of Internal Appeal

Connecticut Law Tribune |Case Digests

Bank of America NA v. Waskowicz

August 13, 2018

Defendant Fails to Show Bank Violated Agreement to Open Judgment Despite Waiver

New Jersey Law Journal |Case Digests

Kuhar v. Petzl, Co.

August 13, 2018

The case arose out of personal injuries sustained by the plaintiff.

Connecticut Law Tribune |Case Digests

Vaicunas v. Gaylord

August 13, 2018

Res Judicata Did Not Bar Claim of Undue Influence

New Jersey Law Journal |Case Digests

Minerley v. Aetna, Inc.

August 13, 2018

The matter came before the court alleging violations of New Jersey insurance regulation laws.

The Recorder |News

Monsanto Hit With $289M Verdict Over Roundup Weed Killer

Amanda Bronstad | August 10, 2018

Jurors awarded $39.2 million in compensatory damages and $250 million in punitive damages to plaintiff DeWayne “Lee” Johnson.

New York Law Journal |News

Judge Preserves Portion of Hotelier's Constitutional Challenge to NY Short-Term Rental Listing Law

Andrew Denney | August 10, 2018

The ruling by U.S. District Judge Alvin Hellerstein of the Southern District of New York comes in one of four pending cases challenging laws prohibiting the use and advertisement of short-term rentals.

Daily Report Online |News

Auto-Pedestrian Accident Case Yields Verdict & Cultural Lesson for Defense Lawyer

Greg Land | August 10, 2018

Defense attorney Lee Welborn said the jury, which included eight members from Latin America, relied on their experiences with home-country drivers to decide the plaintiff should have been more alert.

Daily Report Online |Case Digests

Coen v. CDC Software Corporation et al.

August 10, 2018

Determining Whether Res Judicata Has Been Triggered Requires Review of Entire Set of Facts Giving Rise to Enforceable Claim

The Legal Intelligencer |News

Phila. Wants Wells Fargo to Turn Over Audits in Discrimination Row

Max Mitchell | August 09, 2018

The motion to compel says Wells Fargo is improperly "filtering" documents requested by the city and refusing to turn over any audits that do not specifically deal with both mortgage lending in Philadelphia and discrimination.

The Legal Intelligencer |Commentary

Harness the Power of the Integration Clause to Protect Your Business

Andrew J. DeFalco | August 09, 2018

Most business owners have seen “entire agreement” or “integration” clauses in contracts with employees, vendors, purchasers of their products and services, and joint venture partners. To many, it is boilerplate jargon that sounds strange and has little practical meaning.

New York Law Journal |Analysis

Lenient Sentencing; Supervised Release; Discovery Issues

Harvey M. Stone and Richard H. Dolan | August 09, 2018

In their Eastern District Roundup, Harvey M. Stone and Richard H. Dolan report on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York.

New York Law Journal |News

NY State Courts Broker Settlement in Suit for Delays in Bronx Misdemeanor Courts

Andrew Denney | August 09, 2018

The Bronx Defenders filed a suit against the court system on behalf of a group of defendants who were charged with low-level offenses who said the sluggish pace of their cases through the Bronx courts were violating their speedy-trial rights.

The Legal Intelligencer |News

Pa. High Court's 'Roverano' Ruling Likely to Reshape Strict Liability Litigation

Max Mitchell | August 09, 2018

Attorneys agree the asbestos case will impact strict liability litigation broadly, and said the question regarding whether juries should consider settlements with bankrupt entities could have broader implications.

New York Law Journal |Case Digests

Ho v. PCK Realty Inc.

August 09, 2018

Insurer Denied Intervention, Granted Consolidation of Two Actions for Discovery Purposes

The Recorder |Case Digests

LAOSD Asbestos Cases

August 09, 2018

Losing party's ability to pay does not determine prevailing party's entitlement to costs

New Jersey Law Journal |Case Digests

Somogyi v. Freedom Mortgage Corp.

August 09, 2018

The plaintiffs filed a putative class action on behalf of themselves and all others similarly situated against the defendant.

New Jersey Law Journal |Case Digests

Sieleman v. Freedom Mortgage Corp.

August 09, 2018

The plaintiff filed a putative class action on behalf of himself and all others similarly situated against the defendant.

New Jersey Law Journal |News

Student Expelled on Sex Assault Charge Can't Sue Rider as 'Doe,' Judge Says

Charles Toutant | August 08, 2018

The plaintiff's fear of social stigma fails to outweigh the general interest in favor of open judicial proceedings, U.S. Magistrate Judge Tonianne Bongiovanni ruled. And a statement to the media by Doe's lawyer in connection with the case also weighs against granting permission to proceed anonymously, she added.

New York Law Journal |News

Compromise on Child Sex Abuse Statutes of Limitations in NY Unlikely for Now

Dan M. Clark | August 08, 2018

State Senators Brad Hoylman, a Democrat from Manhattan, and Catharine Young, a Republican from Western New York, have two very different ideas on how to address cases of child sex abuse.

New York Law Journal |Expert Opinion

The Uses and Limits of Issue Certification

Joseph M. McLaughlin and Shannon K. McGovern | August 08, 2018

Corporate Litigation columnists Joseph McLaughlin and Shannon McGovern discuss the use and limits of issue certification.

New Jersey Law Journal |Case Digests

Frizziola v. U.S. Foods, Inc.

August 08, 2018

The plaintiff's alleged that the defendants reduced the plaintiff's pension benefits and seniority employment status, in violation of the anti-cutback provision of the Employee Retirement Income Security Act of 1974.

New Jersey Law Journal |Case Digests

Morales v. Family Dollar Inc.

August 08, 2018

The matter came before the court on the plaintiff's motion to remand the action to the Superior Court of New Jersey, Law Division for lack of subject matter jurisdiction.

New Jersey Law Journal |Case Digests

Lessner Electric Co. v. Fidelity and Deposit Co. of Maryland

August 08, 2018

The plaintiff appealed from two orders that dismissed its complaint alleging breach of contract, delay damages, and unjust enrichment on the grounds of a failure to state a claim.

New Jersey Law Journal |Case Digests

Farley-Skinner v. Adventure Aquarium, LLC

August 08, 2018

Defendant moved for a finding of contempt and sanctions against Frank Branella for failure to comply with a subpoena duces tecum.

Daily Business Review |Conversation

New 'Substantial Doubt' Standard for Foreign Judgment Enforcement in Fla.

Arnoldo B. Lacayo, Juan J. Mendoza and Andres H. Sandoval | August 07, 2018

A recent change to a state law concerning the recognition and enforcement of foreign judgments in Florida may make it easier to avoid payment of valid debts.

The Legal Intelligencer |News

Pa. Justices to Consider Application of Fair Share Act in Strict Liability Cases

Max Mitchell | August 07, 2018

The justices agreed to consider whether the state Superior Court last year misinterpreted the Fair Share Act by holding that judges should not simply divide the damages equally among all the defendants.

New York Law Journal |Case Digests

Gill v. Nyack College

August 07, 2018

Collegian's ADA, Rehabilitation Claims Barred by 'Rooker-Feldman' Doctrine, Res Judicata

The Legal Intelligencer |Case Digests

Werther v. FirsTrust Bank

August 07, 2018

Plaintiff, a judgment creditor, was not entitled to relief on its claim against the garnishee bank, as the bank did nothing wrong in cashing a debtor's paychecks, despite plaintiff's outstanding writs. The court recommended affirmance of its orders granting garnishee relief and dissolving the outstanding writs of execution.

New Jersey Law Journal |Case Digests

Wahab v. State of N.J. Dept. of Envtl. Prot.

August 07, 2018

The plaintiff appealed an order that denied her motion for reconsideration of her motion to compel.

The Legal Intelligencer |Case Digests

Carpenters Health and Welfare Fund of Philadelphia v. Reyes et al

August 07, 2018

Principles of equity and the need for efficacious resolution of controversies weighed in favor of entering a default judgment in this case, where defendants failed to respond to plaintiffs' complaint seeking employment contributions and, inter alia, their failure to engage in the litigation process constituted culpable conduct. The court granted in part plaintiffs' motion for a default judgment.

New Jersey Law Journal |Case Digests

Steinhardt v. Bernardville Police Dep't

August 07, 2018

The plaintiff filed a motion seeking the appointment of pro bono counsel to represent her in the litigation raised in her filing of a complaint and second amended complaint against the defendants.

The Legal Intelligencer |Commentary

Practitioners Should Be Wary of Arbitration Provisions in Residential Real Estate Transactions

Jennifer M. Horn | August 06, 2018

Arbitration is a streamlined dispute resolution process, with limited discovery, that often leads to the swift and equitable resolution of disputes. Arbitration provisions can also act as a sword and a shield for the corporations that include these provisions in their employment agreements and other contracts.

New York Law Journal |

Judge Preserves Discrimination Claims by Disabled Students Against Success Academy

Andrew Denney | August 03, 2018

The students were kicked out for breaking a disciplinary code that one attorney described as “militaristic.”

New Jersey Law Journal |Commentary

Orientation as to Time and Place

Peter H. Lederman | August 03, 2018

OP-ED: No matter how disconcerting it may be, it is time for change in our Municipal Court system.

The Legal Intelligencer |News

MDL Panel Sends Shingles Vaccine Lawsuits to Pennsylvania

Amanda Bronstad | August 02, 2018

A federal judicial panel has sent about 100 lawsuits brought over Merck's shingles vaccine to Pennsylvania.

National Law Journal |News

Boeing, in Bid to Dismiss Suits, Says Final Report Over Malaysia Air Flight 370 Found No Defect

Amanda Bronstad | August 02, 2018

Boeing argued this week that a final report into the disappearance of Malaysia Air Flight 370 supports its bid to dismiss dozens of lawsuits brought in U.S. courts on behalf of the families of deceased passengers.

New York Law Journal |News

Divided Appeals Court Preserves Harassment Claim Under NYC Anti-Bias Law

Andrew Denney | August 02, 2018

A five-judge panel from a Manhattan appeals court was split on what constitutes workplace discrimination under New York City's broadly protective Human Rights Law, with the majority finding for a woman who alleges that her boss made her life at work miserable after she rebuffed his sexual advances.

New York Law Journal |News

Defamation Suit Over Fox News' Retracted Story About DNC Staffer's Murder Is Tossed

Colby Hamilton | August 02, 2018

U.S. District Judge George Daniels dismissed the suit, agreeing that it failed to state a claim because the statements at issue couldn't be proven to be false.

New Jersey Law Journal |Analysis

Quicksand! Multijurisdictional Law Firms and the Unauthorized Practice of Law

Marc Garfinkle | August 02, 2018

Today's multijurisdictional practice is likely to be a solo or small partnership, house counsel, legal staff member, or good Samaritan swirled into the interconnectivity of the modern legal milieu.

The Legal Intelligencer |News

Federal Judge's Ruling May Help Insureds Keep Coverage Complaints in State Court

Steven A. Meyerowitz | August 01, 2018

A federal district court in Pennsylvania has issued a decision that may serve as a roadmap for insureds and their attorneys interested in having their coverage cases heard in a Pennsylvania state court rather than having them removed by insurers to federal court.

New York Law Journal |Analysis

Should I Stay or Should I Go? Reviewing Documents Here or Abroad

Michael E. Gertzman and Michael J. Pernick | August 01, 2018

Michael E. Gertzman and Michael J. Pernick, in a column on International Litigation, write about how the Second Circuit changed the analysis of whether to review an overseas client's documents here or abroad.

New York Law Journal |Analysis

New York's 'Professional Reliability' Rule

Michael J. Hutter | August 01, 2018

In his Evidence column, Michael J. Hutter discusses whether out-of-court material may be the sole or principal basis for an expert's opinion.

The Legal Intelligencer |News

Following Defense Win, Man Injured by Tractor Raises 'Tincher' on Appeal

Max Mitchell | July 31, 2018

Timmonds' post-trial motion claims that the judge who oversaw Timmonds' trial failed to provide adequate instruction under new products liability information.

New York Law Journal |

Realty Law Digest

Scott E. Mollen | July 31, 2018

Scott E. Mollen, a partner at Herrick, Feinstein, discusses “Luce v. Fleck,” where an engagement ring was held to be a conditional gift entitling ex-fiance to have the ring returned or the value of the ring; and “OLR ECW LP v. De Abreud,” where a tenant's refusal to recertify and cure the default granted the landlord summary judgment.

New York Law Journal |

Termination Notices Must Contain Sufficient Facts

Warren A. Estis and Michael E. Feinstein | July 31, 2018

In their Landlord-Tenant column, Warren Estis and Michael Feinstein discuss the recent Kings County decision 'BEC Continuum Owners v. Taylor,' where the adequacy of a termination notice was at issue.

New York Law Journal |News

Airbnb Says City Subpoena for Data Would Risk Privacy of Thousands

Andrew Denney | July 30, 2018

If New York City is given user data from the last seven years, the privacy of scores of hosts and thousands of guests will be compromised, lawyers for Airbnb have argued in opposition to the broad subpoena sought by the city government.

The Legal Intelligencer |News

Judge Cuts $47M Med Mal Verdict by Half, Finding It 'Shocks the Judicial Conscience'

Max Mitchell | July 30, 2018

The judge found that even though the child suffered severe injuries, the $43.75 million award was "unsupported by the evidence and shocks the judicial conscience."

New York Law Journal |

Precedent-Shattering 'Carpenter'? 

Stephen Treglia | July 30, 2018

In his E-Communications column, Stephen Treglia writes: Late last month, SCOTUS issued its most far-reaching expansion of the right to privacy in over 50 years in Carpenter v. United States. While not completely abandoning legal precedent that had been black-letter law, it is most certainly the first injection of the color gray. 

Daily Business Review |Commentary

Turning the Plaintiff Against Itself Using the Wrongful Conduct Rule

Jason Domark, Charles C. Kline and Reid Kline | July 30, 2018

“A lot of money can be made if you're willing to trip over a few penal statutes along the way.” That is how one court described a plaintiff's actions in the context of the wrongful conduct rule.

The Legal Intelligencer |News

Building Worker Injured by Alleged Faulty Door in Aramark Tower Nets $3.8M Settlement

Max Mitchell | July 30, 2018

A man injured when an allegedly unsafe door caused him to collide into a concrete beam on the roof of Aramark Tower has settled his claims with the building owner and management company for nearly $4 million.

The Legal Intelligencer |Commentary

Pa. Environmental Constitutional Law: It's a New Ballgame

Martin R. Siegel and Sarah L. Doyle | July 28, 2018

Pennsylvania's Environmental Rights Amendment (ERA), Article I, Section 27 of Pennsylvania's Constitution, has in the last year gained the relevance its framers had originally intended.

New York Law Journal |News

Publicist Accusing Paul Haggis of Sexual Assault Pursuing Claims With Rarely Used NYC Local Law

Andrew Denney | July 27, 2018

The lawsuit is apparently the first time a claim brought under the local law has survived a motion to dismiss, attorneys and observers say.

The Recorder |News

9th Circuit Grants En Banc Review of Case Dealing 'Major Blow' to Class Settlements

Amanda Bronstad | July 27, 2018

A federal appeals court has agreed to review a decision en banc that has alarmed class action lawyers on both sides for potentially threatening the viability of nationwide settlements.

New York Law Journal |Analysis

District Court Denies Enforcement of 'Settlement' Deemed Preliminary and Non-binding

Thomas E.L. Dewey | July 27, 2018

In his Settlement and Compromise column, Thomas E.L. Dewey compares the federal and state approaches to the law of preliminary agreements.

New York Law Journal |Analysis

2nd Circuit Ruling on Class Standing Could Widen Door for Consumer Actions, Even Though Plaintiffs Lost

Amanda Bronstad | July 26, 2018

The U.S. Court of Appeals for the Second Circuit's decision earlier this week, in a matter of first impression, found that a class representative has standing to sue in federal court on behalf of a class of consumers subject to laws outside her own state.

New York Law Journal |Expert Opinion

'Blurred Lines' Verdict Affirmed: Has the Sky Fallen?

Robert J. Bernstein and Robert W. Clarida | July 26, 2018

Now that a divided panel of the U.S. Court of Appeals for the Ninth Circuit has issued an amended opinion affirming the denial of a new trial motion and an order denying rehearing en banc in Williams v. Gaye.

The Legal Intelligencer |Commentary

Modifying an Arbitration Award Due to 'Evident Miscalculation'

Abraham J. Gafni | July 26, 2018

Miscalculation of an award by an arbitrator represents one of the few grounds warranting modification. But what evidence and what procedures are required by a court when reviewing a contention of arbitrator miscalculation?

The Legal Intelligencer |News

Delayed Response Puts City on Hook for $260K Verdict Over Cop's Collision With Pedestrian

P.J. D'Annunzio | July 26, 2018

An appeals court has ruled that the city of Philadelphia is liable for a $260,000 verdict stemming from a case in which a police officer driving to a hearing hit a pedestrian crossing the street.

Daily Report Online |News

Judge Sanctions Ford for Bad Faith in Roof Trial

Katheryn Tucker | July 26, 2018

Gwinnett County State Court Judge Shawn Bratton has ordered severe sanctions against Ford Motor Co. for violating his orders in a highly contentious roof crush death case that ended in a mistrial. The next trial will be damages only.

New York Law Journal |Expert Opinion

2 Different Choice-of-Law Issues in Case Involving Third-Party Consultant

Sharon M. Porcellio | July 26, 2018

U.S. Senior District Judge Michael A. Telesca then had more than 10 briefs and supplemental letter briefs and multiple statements and counter-statements of fact and other submissions from the two parties to decide the pending summary judgment motions.

News

The Legal Intelligencer |Commentary

Should an Arbitrator Determine Arbitrability Where a Claim Is 'Wholly Groundless'?

Edward T. Kang and Kandis Kovalsky | July 26, 2018

While arbitration clauses are often a topic of concern in the consumer context, they can also be a major issue in sophisticated party transactions as well—the agreements where the arbitration clause is the least of everyone's worries.

New York Law Journal |News

NY Commercial Division Issues Rule Calling On Parties to Seek Earlier Resolutions

Andrew Denney | July 25, 2018

The court system has implemented a rule encouraging litigants to move for instant trials or evidentiary hearings in the early stages of a case when threshold matters arise.

New Jersey Law Journal |News

Hospital Internal Reviews Not Discoverable in Med Mal Cases, Supreme Court Rules

Michael Booth | July 25, 2018

The court said the Patient Safety Act was enacted to ensure that a hospital, after an adverse event, would undertake a thorough self-critical analysis in order to help prevent such incidents.

New Jersey Law Journal |Analysis

Blurring the Line Between Personal and Professional for Public Employees

Jonathan N. Frodella | July 25, 2018

As technology advances and people increasingly use their private electronic devices to manage all aspects of their life, the line between personal and official conduct becomes blurred, and government workers can unintentionally subject their personal lives to public scrutiny.

The Legal Intelligencer |Commentary

Grand Jury Reports, the Right to Due Process and a Corporation's Reputation

Christopher Carusone | July 24, 2018

Abraham Lincoln once said, “Character is like a tree and reputation like a shadow. The shadow is what we think of it; the tree is the real thing.” Unfortunately, in a world where opinion often replaces fact, and one negative article or blog post can live on the internet forever, a person's reputation is not always a product of one's true character, particularly online.

The Legal Intelligencer |Commentary

Courts Dial Back Autodialer Definition Following 'ACA International'

Ana Tagvoryan, Jeffrey N. Rosenthal, Alen H. Hsu and Matthew P. Rubba | July 23, 2018

The TCPA was passed to strike a balance between protecting the privacy of individuals, while still permitting legitimate telemarketing practices. In modern times, however, the TCPA has been expanded well beyond its intended purpose and scope.

New York Law Journal |Analysis

Choosing a Venue:  New Options

Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | July 23, 2018

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss a recent amendment to the CPLR, which expands the options for where a case may be venued.

New Jersey Law Journal |Commentary

Orange Case Called For Removal From Office, Not Disgorgement Later

Law Journal Editorial Board | July 23, 2018

Continuing Edwards in office from 2012 to 2015 made no sense. Instead, R. 4:71-7 and R.4:67-1 should have been used to test summarily his right to hold office.

New Jersey Law Journal |

BAR REPORT - Capitol Report

New Jersey State Bar Association | July 23, 2018

Supreme Court report recommends municipal court reform following NJSBA report

New York Law Journal |News

Lawyers for Central Park Five Say First Release of Discovery Materials Conveys Bias

Andrew Denney | July 20, 2018

But the city's Law Department defended the piecemeal release of the materials, saying that it's in the interest of the public to start releasing what's ready to go rather than waiting for final completion of the review process.

New York Law Journal |News

NY Commercial Division Gives Fuller Embrace to E-Discovery Under New Rule

Andrew Denney | July 20, 2018

Technology-assisted review is nothing new to most practitioners in the Commercial Division, one attorney said, but he added that it is "revolutionary" for the court to adopt a rule encouraging its use.